THE COMMISSIONER OF INCOME TAX V. M/S MANIPAL INDUSTRIES LTD

ITA/89/2008

AI Insights

The case involves multiple Income Tax Appeals (ITAs) filed by the Commissioner of Income-Tax and the Deputy Commissioner of Income Tax against Manipal Industries Ltd. These appeals were filed under Section 260-A of the Income Tax Act, 1961, challenging the orders passed by the ITAT Bangalore for various assessment years. The primary contention in these appeals was the formulation of substantial questions of law and the request to set aside the ITAT orders, thereby confirming the orders of the Appellate Commissioner and the Deputy Commissioner of Income Tax. However, the appeals were not maintainable due to the monetary limit prescribed in Circular No.3/2011.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 703201 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 12-10-2012
• Assessment Year: misc
• Other Referred Cases: CIT Vs. RANKA AND RANKA
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: VANI
• Assessee Lawyers: K V ARAVIND
• Keywords: Assessment Year; Income tax appeal; ITAT Bangalore; Substantial questions of law
• Section: 260-A

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12TH DAY OF OCTOBER, 2012 PRESENT THE HON’BLE MR.JUSTICE K. SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B.V.PINTO INCOME-TAX APPEAL NOs.89/2008, 92/2008, 94/2008, 95/2008 AND 96/2008 C/W ITA.NOs.90/2008, 91/2008 AND 93/2008 ITA NO 89 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING ATTAVARA MANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX (ASST.), SPECIAL RANGE SPECIAL RANGE C.R.BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL –576 119 ... RESPONDENT (BY SMT. VANI H, ADV.) 2 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 04-09-2007 PASSED IN ITA NO.1272/BNG/2003, FOR THE ASSESSMENT YEAR 1985-1986, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1272/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 92 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI.K.V.ARAVIND, ADV. FOR SRI. M V SESHACHALA, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT 3 (BY SMT.VANI H, ADV.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN ITA NO.1274/BNG/1993, FOR THE ASSESSMENT YEAR 1987-1988, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1274/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 94 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME -TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST ) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT. VANI H, ADV.) 4 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN ITA NO.1275/BNG/1993, FOR THE ASSESSMENT YEAR 1990-1991, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1275/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 95 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST ) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT.VANI H, ADV.) 5 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN ITA NO. 41/BNG/1995, FOR THE ASSESSMENT YEAR 1991-1992, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO. 41/BNG/1995, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISISONER OF INCOME TAX, (ASST), SPECIAL RANGE, MANGALORE. ITA NO 96 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST ) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT.VANI H, ADV.) 6 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN ITA NO. 681/BNG/1993, FOR THE ASSESSMENT YEAR 1992-1993, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO. 681/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 90 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST ) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT. VANI H, ADV.) 7 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN ITA NO.1273/BNG/1993, FOR THE ASSESSMENT YEAR 1986-1987, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1273/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISISONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 91 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT. VANI H, ADV.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN 8 ITA NO. 667/BNG/1992, FOR THE ASSESSMENT YEAR 1988-1999, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO. 667/BNG/1992, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. ITA NO 93 OF 2008 BETWEEN 1. THE COMMISSIONER OF INCOME TAX C.R.BUILDING QUEENS ROAD BANGALORE 2. THE DEPUTY COMMISSIONER OF INCOME TAX(ASST) C R BUILDING ATTAVARA MANGALORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MANIPAL INDUSTRIES LTD SYNDICATE HOUSE MANIPAL ... RESPONDENT (BY SMT. VANI H, ADV.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 14-09-2007 PASSED IN 9 ITA NO. 29/BNG/1993, FOR THE ASSESSMENT YEAR 1989-90, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO. 29/BNG/1993, DATED 14-09-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX (ASST), SPECIAL RANGE, MANGALORE. THESE APPEALS ARE COMING ON FOR FINAL HEARING THIS DAY, SREEDHAR RAO J., DELIVERED THE FOLLOWING: - J U D G M E N T In the above appeals, the monetary limit is less than Rs.10 lakhs. In view of the Circular No.3/2011, the appeals are not maintainable. In view of the ruling of this Court in CIT Vs. RANKA AND RANKA in DTR No.72 DTR 270 (KAR), the appellants have filed SLP No.27468/2012 against the decision of this court, which is pending. The appellants however given liberty to seek revival of the appeals in the event, the Supreme Court were to hold that the Circular No.3/2011 has only for 10 prospective effect and not apply to the pending appeals. In that view, the appeals are disposed of. Sd/- JUDGE Sd/- JUDGE nvj "